Outgoing Public Protector Advocate Thuli Madonsela will leave office next week after a seven-year term that has repositioned the standing of the Office of the Public Protector in the country’s body politic.
As leaders of political parties, including the ANC, showered her with praise this week, there are many prominent figures who will not be crying over her departure.
Below, we look at some of Madonsela’s cases which forced accountability down the throats of rogue public officials and politicians.
Former national police commissioner Bheki Cele
At the height of his powers as police commissioner, Cele appeared untouchable.
He got away with some of the most controversial statements and positions, including his insistence police should “shoot to kill” when confronted with dangerous, armed criminals.
He was credited with bringing down the prevalence of cash-in-transit heists and armed robberies.
But his days were numbered when Madonsela was requested to investigate his involvement in the procurement of buildings to lease for the SA Police Service’s headquarters in Pretoria and Durban.
Mandonsela’s investigation report, titled “Against the Rules”, concluded Cele was guilty of improper conduct and maladministration for approving the R500 million lease deal Cele had given to property mogul Roux Shabangu and recommended a commission of inquiry into Cele’s fitness to hold office.
The commission found Cele to be unfit to hold office and he was fired.
Former public works minister Gwen Mahlangu-Nkabinde
Cele was not the only one to fall as a result of Madonsela’s investigation of the controversial leases. Her report also painted Mahlangu-Nkabinde in a bad light, with Madonsela finding her conduct in forcing through the lease deal was improper and amounted to maladministration.
Mahlangu-Nkabinde was appointed to her position when allegations of corruption in the deal had already been raised, but after her appointment she forced through the conclusion of the leases. Madonsela’s report said she had “failed to meet the requisite stewardship expected from her, including the use of public resourcesâ” and she had failed to co-operate with her investigation.
She was fired when President Jacob Zuma reshuffled his cabinet.
The late co-operative governance and traditional affairs minister Sicelo Shiceka
Shiceka had been appointed to his position when Zuma came to power in 2009, but his tenure in Zuma’s cabinet would be a controversy-laden one.
Madonsela was tasked with investigating allegations Shiceka had misused public funds by paying for overseas trips and hotel stays, allegations he denied.
However, Madonsela’s final report revealed a minister who had no regard for the proper use for taxpayers’ money.
Madonsela found Shiceka had lied to Zuma about the nature of his trip to Switzerland, which was found to have been a trip to visit a girlfriend incarcerated in that country instead of World Cup-related research as he had claimed. The trip had cost taxpayers R546 864, with more money wasted during his stays at the luxury One & Only hotel in Cape Town.
Further wasteful expenditure was incurred when he got the state to pay R357 120 for his four-day stay at Lesotho Sun in the mountain kingdom. Shiceka was fired in a cabinet reshuffle and died the following year.
Former communications minister Dina Pule
After denials, insults and an acrimonious relationship with the Sunday Times which exposed allegations of irregular and wasteful expenditure on her part, it was left to Madonsela to determine whether there was any wrongdoing on the former minister’s part.
Pule had been accused of meddling in the organising of the ICT Indaba held in Cape Town and for imposing the involvement of her romantic partner in the event.
She was also accused of securing improper benefits for him, including state-funded overseas trips by declaring him as her spouse in departmental documentation, when in fact he was married to someone else. Madonsela found Pule had lied persistently and ordered her to apologise to Parliament, the Sunday Times and her staff. She was also ordered to pay back the money. Pule was subsequently fired and resigned as an MP.
President Jacob Zuma and Parliament
Zuma has often been forced deal with his cabinet ministers as a result of Madonsela’s findings, but this year it was his turn.
She found Zuma had unduly benefited from expensive upgrades to his home in Nkandla, pitting her against the highest office in the land and Luthuli House.
Following damning findings about how public funds were used for the benefit of Zuma and his family, she would endure months of insults, ridicule and the questioning of her motives. However, what was at stake was more than just Madonsela’s reputation as a professional and individual, but the powers of this important institution, the public protector as created by section 9 of the constitution.
Reports by the executive tried to clear Zuma but the Constitutional Court stepped in to reaffirm the binding nature of her findings.
Her findings on Zuma and the reaffirmation of the powers of the public protector by the court have emboldened the office. It has ensured those who, like Zuma’s cabinet before the Constitutional Court judgment, viewed the findings as mere recommendations, have nowhere to hide.
Former SABC COO Hlaudi Motsoeneng
Hlaudi Motsoeneng, who has now controversially been appointed as the public broadcaster’s group head of corporate affairs, is unlikely to shed a tear over Madonsela’s departure. Madonsela found Motsoeneng should never have been appointed as the broadcaster’s chief operating officer after he lied about having a matric certificate. She also found he had increased his salary three times in one fiscal year, moving from R1.4 million to R2.4m.
He had increased the salaries of other senior employees without following proper procedure. She deemed his appointment as COO unlawful.
Motsoeneng is fighting to hold on to his new position at the SABC after the cabinet, the portfolio committee on communications and the ANC called for his removal. His rule at the SABC began to crumble when Madonsela started looking into allegations against him.
Former Prasa chief executive Lucky Montana
Montana resigned from the Passenger Rail Agency of South Africa last year after a litany of allegations against him, with Madonsela’s finding against him revealing maladministration, tender irregularities and financial mismanagement.
Madonsela found Prasa had improperly incurred expenditure of more than R520m.
Through his termination of contracts of several executives, Montana had cost the agency R5m.
In addition, the agency had improperly extended the scope of work awarded to several companies amounting to nearly R2Âbillion while other contracts were awarded without following competitive bidding processes.
Montana is challenging Madonsela’s findings in court.
Independent Media